Update: 6:40am – Fiji Labour Party Leader Mahendra Chaudhry and Karam Bidesi’s attempt to be allowed to contest next year’s election failed yesterday after they withdrew their application and the High Court struck out the matter.
Chaudhry and Bidesi were challenging the provision in the constitution, saying that it prevents them from standing in next year’s election.
They say that this is unconstitutional and it contravenes their constitutional right.
According to the constitution a person may be a candidate for election to parliament only if the person has not, at any time during the 8 years immediately before being nominated, being convicted of any offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more.
Chaudhry and Bidesi had filed the case against the state and the Attorney General.
Solicitor General, Sharvada Sharma first said that the court does not have the jurisdiction to hear this matter and made an application to strike the matter out.
When the hearing on the state’s strike out application started yesterday, Chaudhry and Bidesi’s lawyer Anand Singh asked for an adjournment as he wanted to amend the summons.
Justice David Alfred refused the adjournment and said that they will proceed with the hearing.
Singh then asked for a short adjournment to speak to his clients and then withdrew the application.
Justice Alfred struck out the matter and ordered Chaudhry and Bidesi to pay costs of $2,000 to the state and Attorney General.
-Fiji Village
